Center files case against Bangalore Municipality

Sat 16 Mar 2013


Union Govt, through the Defence Research and Development Organization (DRDO) has filed a Public Interest Litigation (PIL) against State Govt of Karnataka and Bruhat Bangalore Mahanagar Palike (BBMP)

The PIL accuses the State and the BBMP of ignoring repeated objections by the DRDO over a proposed 16-storey apartment complex adjacent to DRDO’s Centre for Artificial Intelligence and Robotics (CIAR) at C.V. Raman Nagar.

A Division Bench comprising Chief Justice D.H. Waghela and Justice B.V. Nagarathna, which heard the initial argument on the plea, orally asked DRDO’s counsel that how the Union government could file a PIL against a State government. When the court said that a “PIL is for the poor and not for the mighty government”, counsel sought time to submit an order of the Calcutta High Court to demonstrate that governments too can file PILs.

Allowing such a construction very close to defence establishment is a security threat, DRDO said, alleging that the land transaction itself was dodgy.

[source:TheHindu]

Further development as on 19th March:

The Union government on Monday withdrew its public interest litigation (PIL) petition against the State government and the Bruhat Bangalore Mahanagara Palike (BBMP) on the permission granted for the construction of a 16-storied apartment complex near laboratories of Defence Research and Development organisation (DRDO) here.

It came after a Division Bench Comprising Chief Justice D.H. Waghela and Justice B. V Nagarathna observed that the plea was not maintainable and it would be better for the DRDO to file a fresh petition [not a PIL] on legal grounds.

“What law is violated in allowing construction? Have you resorted to PIL as you have no power? If you had power you could have given direction [to stop permission]. And others could have challenged such direction,” the Bench observed orally while refusing to accept senior counsel’s plea for not treating it as a PIL plea.

[source:TheHindu]

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